The Texas Lawyer's Creed - State Bar of Texas
The Texas Lawyer's Creed - State Bar of Texas
The Texas Lawyer's Creed - State Bar of Texas
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<strong>The</strong> Supreme Court <strong>of</strong> <strong>Texas</strong>and <strong>The</strong> Court <strong>of</strong> Criminal Appeals<strong>The</strong> <strong>Texas</strong> <strong>Lawyer's</strong> <strong>Creed</strong>A Mandate for Pr<strong>of</strong>essionalismI am a lawyer. I am entrusted by the People <strong>of</strong><strong>Texas</strong> to preserve and improve our legal system. I amlicensed by the Supreme Court <strong>of</strong> <strong>Texas</strong>. I musttherefore abide by the <strong>Texas</strong> Disciplinary Rules <strong>of</strong>Pr<strong>of</strong>essional Conduct, but I know that Pr<strong>of</strong>essionalismrequires more than merely avoiding the violation <strong>of</strong>laws and rules. I am committed to this <strong>Creed</strong> for noother reason than it is right.I. Our Legal SystemA lawyer owes to the administration <strong>of</strong> justicepersonal dignity, integrity, and independence. A lawyershould always adhere to the highest principles <strong>of</strong>pr<strong>of</strong>essionalism.1. I am passionately proud <strong>of</strong> my pr<strong>of</strong>ession.<strong>The</strong>refore, “My word is my bond.”2. I am responsible to assure that all personshave access to competent representationregardless <strong>of</strong> wealth or position in life.3. I commit myself to an adequate andeffective pro bono program.4. I am obligated to educate my clients, thepublic, and other lawyers regarding the spirit andletter <strong>of</strong> this <strong>Creed</strong>.5. I will always be conscious <strong>of</strong> my duty to thejudicial system.II.Lawyer To ClientA lawyer owes to a client allegiance, learning,skill, and industry. A lawyer shall employ all appropriatelegal means to protect and advance the client’slegitimate rights, claims, and objectives. A lawyer shallnot be deterred by any real or imagined fear <strong>of</strong> judicialdisfavor or public unpopularity, nor be influenced bymere self-interest.1. I will advise my client <strong>of</strong> the contents <strong>of</strong>this creed when undertaking representation.2. I will endeavor to achieve my client’s lawfulobjectives in legal transactions and in litigationas quickly and economically as possible.3. I will be loyal and committed to my client’slawful objectives, but I will not permit thatloyalty and commitment to interfere with my dutyto provide objective and independent advice.4. I will advise my client that civility andcourtesy are expected and are not a sign <strong>of</strong>weakness.5. I will advise my client <strong>of</strong> proper andexpected behavior.6. I will treat adverse parties and witnesseswith fairness and due consideration. A client hasno right to demand that I abuse anyone orindulge in any <strong>of</strong>fensive conduct.7. I will advise my client that we will not pursueconduct which is intended primarily to harass ordrain the financial resources <strong>of</strong> the opposing party.8. I will advise my client that we will not pursuetactics which are intended primarily for delay.9. I will advise my client that we will not pursueany course <strong>of</strong> action which is without merit.10. I will advise my client that I reserve the rightto determine whether to grant accommodations toopposing counsel in all matters that do notadversely affect my client’s lawful objectives. Aclient has no right to instruct me to refusereasonable requests made by other counsel.11. I will advise my client regarding theavailability <strong>of</strong> mediation, arbitration, and otheralternative methods <strong>of</strong> resolving and settlingdisputes.III. Lawyer To LawyerA lawyer owes to opposing counsel, in the conduct<strong>of</strong> legal transactions and the pursuit <strong>of</strong> litigation,courtesy, candor, cooperation, and scrupulousobservance <strong>of</strong> all agreements and mutual understandings.Ill feelings between clients shall not influence alawyer’s conduct, attitude, or demeanor toward opposingcounsel. A lawyer shall not engage in unpr<strong>of</strong>essionalconduct in retaliation against other unpr<strong>of</strong>essionalconduct.1. I will be courteous, civil, and prompt in oraland written communications.2. I will not quarrel over matters <strong>of</strong> form orstyle, but I will concentrate on matters <strong>of</strong>substance.3. I will identify for other counsel or parties allchanges I have made in documents submitted forreview.4. I will attempt to prepare documents whichcorrectly reflect the agreement <strong>of</strong> the parties. I willnot include provisions which have not beenagreed upon or omit provisions which arenecessary to reflect the agreement <strong>of</strong> the parties.5. I will notify opposing counsel, and, ifappropriate, the Court or other persons, as soonas practicable, when hearings, depositions,meetings, conferences or closings are cancelled.6. I will agree to reasonable requests forextensions <strong>of</strong> time and for waiver <strong>of</strong> proceduralformalities, provided legitimate objectives <strong>of</strong> myclient will not be adversely affected.7. I will not serve motions or pleadings in anymanner that unfairly limits another party’sopportunity to respond.8. I will attempt to resolve by agreement myobjections to matters contained in pleadings anddiscovery requests and responses.9. I can disagree without being disagreeable. Irecognize that effective representation does notrequire antagonistic or obnoxious behavior. I willneither encourage nor knowingly permit my clientor anyone under my control to do anything whichwould be unethical or improper if done by me.10. I will not, without good cause, attribute badmotives or unethical conduct to opposing counselnor bring the pr<strong>of</strong>ession into disrepute byunfounded accusations <strong>of</strong> impropriety. I will avoiddisparaging personal remarks or acrimony towardsopposing counsel, parties and witnesses. I will notbe influenced by any ill feeling between clients. Iwill abstain from any allusion to personalpeculiarities or idiosyncrasies <strong>of</strong> opposing counsel.11. I will not take advantage, by causing anydefault or dismissal to be rendered, when I knowthe identity <strong>of</strong> an opposing counsel, without firstinquiring about that counsel’s intention toproceed.12. I will promptly submit orders to the Court.I will deliver copies to opposing counsel before orcontemporaneously with submission to the Court.I will promptly approve the form <strong>of</strong> orders whichaccurately reflect the substance <strong>of</strong> the rulings <strong>of</strong>the Court.13. I will not attempt to gain an unfair advantageby sending the Court or its staff correspondence orcopies <strong>of</strong> correspondence.14. I will not arbitrarily schedule a deposition,Court appearance, or hearing until a good faitheffort has been made to schedule it by agreement.15. I will readily stipulate to undisputed facts inorder to avoid needless costs or inconveniencefor any party.16. I will refrain from excessive and abusivediscovery.17. I will comply with all reasonable discoveryrequests. I will not resist discovery requests whichare not objectionable. I will not make objectionsnor give instructions to a witness for the purpose<strong>of</strong> delaying or obstructing the discovery process.I will encourage witnesses to respond to alldeposition questions which are reasonablyunderstandable. I will neither encourage norpermit my witness to quibble about words wheretheir meaning is reasonably clear.18. I will not seek Court intervention to obtaindiscovery which is clearly improper and notdiscoverable.19. I will not seek sanctions or disqualificationunless it is necessary for protection <strong>of</strong> my client’slawful objectives or is fully justified by thecircumstances.IV. Lawyer And JudgeLawyers and judges owe each other respect,diligence, candor, punctuality, and protection againstunjust and improper criticism and attack. Lawyers andjudges are equally responsible to protect the dignity andindependence <strong>of</strong> the Court and the pr<strong>of</strong>ession.1. I will always recognize that the position <strong>of</strong>judge is the symbol <strong>of</strong> both the judicial system andadministration <strong>of</strong> justice. I will refrain fromconduct that degrades this symbol.2. I will conduct myself in Court in apr<strong>of</strong>essional manner and demonstrate my respectfor the Court and the law.3. I will treat counsel, opposing parties,the Court, and members <strong>of</strong> the Court staff withcourtesy and civility.4. I will be punctual.5. I will not engage in any conduct which<strong>of</strong>fends the dignity and decorum <strong>of</strong> proceedings.6. I will not knowingly misrepresent,mischaracterize, misquote or miscite facts orauthorities to gain an advantage.7. I will respect the rulings <strong>of</strong> the Court.8. I will give the issues in controversydeliberate, impartial and studied analysis andconsideration.9. I will be considerate <strong>of</strong> the time constraintsand pressures imposed upon the Court, Court staffand counsel in efforts to administer justice andresolve disputes.